BASAMMA SAROJAMMA SARADHA Vs. S JETHENDRAIAH

JUDGEMENT

(1.) The above Second Appeals are directed against the common judgment and decrees dated 30.11.1998 rendered in A.S.No.8 of 1998 and Cross Appeal No.2 of 1998 by the Court of Subordinate Judge, Hosur thereby allowing the cross appeal and dismissing the Appeal Suit both preferred against the judgment and decree dated 19.12.1997 rendered in O.S.No.8 09 of 1993 by the Court of District Munsif, Denkanikottai.

(2.) Tracing the history of the above second appeals coming to be preferred by the defendants in the suit, it comes to be known that the respondent herein has filed the suit in O.S.No.809 of 1993 before the Court of District Munsif, Denkanikottai originally against one Choodegowdu (on whose death, his legal representatives i.e. his wife and the daughters, the appellants herein, were brought on record) for declaration of his title to the suit lands in S.Nos.150/7 and 136/4 in Jawalagiri Taraff village, Denkanikottai Taluk, Dharmapuri District and for permanent injunction restraining the defendants from interfering or meddling with his possession, title and enjoyment of the said properties.

(3.) In the plaint filed before the trial Court, the respondent/ plaintiff would submit that the suit properties are ancestral in nature and he is in possession and enjoyment of the same having inherited from his father Siddegowdu and grand-father Dhoddegowdu and patta also stood in his name. He would further submit that the deceased first defendant is the son of the concubine of his grandfather Dhoddegowdu and he has no right in the said property; that in the suit S.No.150/7 his grand-father had constructed a house on the southern side of the same and the area occupied by the house would be about 0.04 cents and in that house, from the time of the plaintiff's grandfather, the deceased first defendant was living and as such, the plaintiff has not claimed any right over the said 0.04 cents of land, but the rest of area of 0.72 cents in the said S.No.150/7 belongs to the plaintiff and is in his actual possession and enjoyment; that even during the updating survey, while the lands were measured and patta was granted to the plaintiff for the suit land, the deceased first defendant did not raise any objection since he has no title much less any possession and the pattas granted to the plaintiff for the suit lands have also become absolute and final and as such the defendant who is aware of the same is estopped from questioning the validity of the patta for the suit lands much less the title of the plaintiff in the suit.